23-ORD-282
October 24, 2023
In re: Leslie Lawson/Whitley County Detention Center
Summary: The Whitley County Detention Center (“the Jail”) did not
violate the Open Records Act (“the Act”) when it did not provide records
that do not exist.
Open Records Decision
In two letters dated May 18 and June 15, 2023, inmate Leslie Lawson
(“Appellant”) requested copies of “communications logs from 12-29-2021 through 1-2-
2021 [sic]”1 documenting correspondence between three officers of the Corbin Police
Department and the Jail’s employees concerning two criminal cases.2 In a written
response dated September 11, 2023, the Jail denied the request because no
communication logs existed between the Jail and the Corbin Police Department. This
appeal followed.
Under KRS 61.880(1) and KRS 197.025(7), a correctional facility must respond
within five business days after receipt of a request for records. Here, the Appellant
claims the Jail failed to timely respond to his requests. However, the Jail states it did
not receive either request until September 11, 2023, the same date it responded to
them. Because the Office cannot adjudicate disputed issues of fact, such as when an
agency received a request to inspect records, the Office cannot find that the Jail’s
response was untimely. See, e.g., 22-ORD-010.
Once a public agency states affirmatively that a record does not exist, the
burden shifts to the requester to present a prima facie case that the requested record
1
The Jail recognized January 2, 2021, as “obviously the wrong date because of the year change,”
and therefore treated the date as January 2, 2022.
2
The Appellant also requested other records and information, but he has not challenged the Jail’s
disposition of the other portions of his requests.does exist. See Bowling v. Lexington–Fayette Urb. Cnty. Gov’t, 172 S.W.3d 333, 341
(Ky. 2005). The mere assertion that records exist is not sufficient to establish a prima
facie case that they do exist. See, e.g., 23-ORD-042. Here, the Appellant claims the
requested communication logs should exist because the Corbin Police Department
asked the Jail to conduct a search of the Appellant’s artificial leg. On appeal, however,
the Jail explains the requested logs do not exist because the Jail had no such
communications with the Corbin Police Department. Therefore, even if the Appellant
had presented a prima facie case that the communication logs exist, the Jail has
sufficiently explained why they do not. Accordingly, the Jail did not violate the Act.
A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882 within 30 days
from the date of this decision. Pursuant to KRS 61.880(3), the Attorney General shall
be notified of any action in circuit court, but shall not be named as a party in that
action or in any subsequent proceedings. The Attorney General will accept notice of
the complaint emailed to OAGAppeals@ky.gov.
Daniel Cameron
Attorney General
s/ James M. Herrick
James M. Herrick
Assistant Attorney General
#426
Distribution:
Leslie Lawson, #122950
Ms. Connie Haynes
Jason Wilson, Jailer
Robert Hammons, Esq.